As per our expert lawyers suggestions from the club, I have replied to the notice informing about my inability to sell the property, as we four together are the joint owners and the possessors of the undivided share of the said schedule property. In the notice my lawyer stated that after receiving of the reply notice the agreement of sale will stands cancel. And also stated that we are ready to return the token amount. But the purchaser has not taken the token amount, not he approached the court. It is already 1 month above we sent the reply notice
As I mentioned above, I am ready to give the money which I took from the buyer. But the buyer is trying to tresspass the said property, instead of taking back the money. Hence I have tried for Injunction in the court, through my Lawyer. My Lawyer is saying that the court is not giving in the order of Injunction because in the AGREEMENT OF SALE, there is one clause that "THE VENDORS HAVE PUT THE VENDEE IN THE POSSESSION IN THE SAID PROPERTY ON THE DAY OF AGREEMENT",. So My lawyer is saying we will a file a suit along with the other legal heirs who are not signed the agreement of sale, for cancellation of the agreement through the court. ]
Kindly give me the suggestions, Is it ok to file a suit? does the word possession matters in any mean?
can an Unregistered sale agreement enforceble in front the Law?